UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 99-7627

DIMIDROFF HALEY, Petitioner - Appellant, versus

JOHN FANELLO, Respondent - Appellee.

Appeal from the United States District Court for the Southern Dis- trict of West Virginia, at Charleston. Charles H. Haden II, Chief District Judge. (CA-99-450, CR-92-20)

Submitted: May 25, 2000 Decided: June 2, 2000

Before WILLIAMS, MICHAEL, and KING,* Circuit Judges.

Affirmed by unpublished per curiam opinion.

Dimidroff Haley, Appellant Pro Se. John Kirk Brandfass, OFFICE OF THE UNITED STATES ATTORNEY, Charleston, West Virginia; Kate L.

Mershimer, Williamsport, Pennsylvania, for Appellee.

* Judge King did not participate in consideration of this case. The opinion is filed by a quorum of the panel pursuant to 28 U.S.C. § 46(d)(1994).

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).

PER CURIAM: Dimidroff Haley appeals the district court’s order denying relief on his 28 U.S.C. § 2241 (1994) petition. We have reviewed the record and the district court’s opinion accepting the recom- mendation of the magistrate judge and find no reversible error.

Accordingly, we affirm on the reasoning of the district court. See Haley v. Fanello, Nos. CA-99-450; CR-92-20 (S.D.W. Va. Sept. 10, 1999). We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

AFFIRMED